Appeal from a judgment of the Justice Court of the Village of Patchogue, Suffolk County (Christopher McGuire, J.), rendered May 11, 2005. The judgment convicted defendant, after a nonjury trial, of violating section 55-43 (F) of the Patchogue Village Code and sentenced him to a fine of $750 and a conditional discharge.

Judgment of conviction affirmed.

Defendant was charged with violating section 55-43 (F) of the Patchogue Village Code in that he allegedly owned premises within the Village which had chipping and peeling paint on its exterior surface. The People introduced into evidence certified copies of the records of the Village Assessor's Office to establish that defendant owned the subject premises. The certified records were properly admitted into evidence in compliance with CPLR 4540. In the absence of any evidence to the contrary, said records were legally sufficient to establish defendant's ownership.

Contrary to defendant's contention, the enactment of section 55-43 (F) of the Patchogue Village Code was a proper exercise of the Village's police power (see Modjeska Sign Studios, Inc. v Berle, 43 NY2d 468 [1977]; see also 20 NY Jur 2d, Constitutional Law § 207). We note that said section was neither vague nor written in such a way as to allow discriminatory or arbitrary enforcement (see People v Foley, 94 NY2d 668, 681 [2000], cert denied 531 US 875 [2000]). We further find that the sentence imposed was not excessive.

Rudolph, P.J., and McCabe, J., concur.

Tanenbaum, J., concurs in part and dissents in part in a separate memorandum. [*2]

Tanenbaum, J., concurs in part and dissents in part in the following memorandum:

While I agree with the reasoning of the majority regarding the admission into evidence of the certified records and the constitutionality of the statute, it is my opinion that the interest of justice would best be served by a reduction of the fine imposed
to the sum of $100.
Decision Date: June 6, 2006